Bill Text: PA SB1141 | 2011-2012 | Regular Session | Amended

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Bill Title: Expanding the coverage of the act to relocated housing.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-05-08 - Act No. 40 [SB1141 Detail]

Download: Pennsylvania-2011-SB1141-Amended.html

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PRIOR PRINTER'S NOS. 1460, 1744 PRINTER'S NO. 1909
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1141 Session of2011
INTRODUCED BY McILHINNEY, RAFFERTY, KASUNIC, STACK, ALLOWAY, MENSCH, D. WHITE, FONTANA, YAW, TARTAGLIONE, HUGHES, FOLMER, BROWNE AND FERLO, JUNE 30, 2011
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JANUARY 23, 2012
AN ACT
Amending the act of November 29, 2004 (P.L.1282, No.158),
entitled "An act providing for the regulation of the
installation of manufactured housing and for the powers and
duties of the Department of Community and Economic
Development," expanding the coverage of the act to relocated
housing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of November 29, 2004
(P.L.1282, No.158), known as the Manufactured Housing
Improvement Act, is amended by adding a definition to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Relocated manufactured home." A manufactured home which has
been transported to a site other than its original installation
site.
* * *
Section 2. Sections 5 and 6 of the act are amended to read:
Section 5. Departmental duties.
(a) Invitation for comments.--The department shall invite
comments from entities involved in the manufactured housing
industry, owners of new manufactured homes and third-party
agencies concerning the promulgation of regulations governing
the installation of new manufactured homes and relocated
manufactured homes and the training and certification of new
manufactured home installers.
(b) Regulations.--The department shall promulgate
regulations governing:
(1) The training and certification of [new] manufactured
home installers.
(2) The training of those persons who inspect the
installation of [new] manufactured homes in this
Commonwealth.
(3) The issuance of a warning, suspension, revocation or
monetary fine against persons who violate the regulations of
the department promulgated under this act.
(4) Procedures to assess compliance with the
manufactured home construction and safety standard to which a
home was originally designed and constructed, as well as an
installation standard for relocated manufactured homes.
Relocated manufactured homes meeting this criteria shall be
deemed to comply with the act of November 10, 1999 (P.L.491,
No.45), known as the Pennsylvania Construction Code Act. Any
activities or processes not addressed shall comply with
Chapter 3 of the Pennsylvania Construction Code Act as
applicable. The procedures and installation standard shall:
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(i) Establish minimum requirements for fire safety
including emergency escape and smoke alarms, exterior
coverings, structural integrity for the floor, walls,
ceilings and roof or any other element or design
specification that renders a manufactured house unsafe,
unfit or unsanitary. The installation standard shall
establish prescriptive guidelines for support, anchoring
and assembly.
(ii) Provide an alternative when the manufacturer's
original installation instructions are no longer
available or practical.
(iii) Establish criteria to evaluate the suitability
of existing foundation in land lease communities which
may be utilized in the installation of relocated
manufactured homes.
(iv) Establish a shallow depth frost protected
foundation system which may be utilized in a land lease
community.
(c) Fees.--The department shall determine and approve
reasonable fees for educational programs, testing and
certification of those persons certified to install and inspect
the installation of [new] manufactured homes in this
Commonwealth.
Section 6. Inspection of installation of [new] manufactured
homes.
(a) Permits.--Permits are required under the Uniform
Construction Code for the installation and occupancy of
manufactured housing and relocated manufactured homes. A permit
for occupancy of a relocated manufactured home may not be issued
unless the relocated manufactured home meets all requirements
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under section 5(b)(4) and the installer certifies the
installation.
(b) Installation.--A [new] manufactured home shall be
installed in conformity with the manufacturer's approved design
applicable to the particular home. Construction activities or
processes not addressed by the manufacturer's approved design
shall comply with the Uniform Construction Code requirement
relating to those activities or processes.
(c) Availability of instructions.--The manufacturer's
approved design shall be kept at the site of the home and
accessible to the building code official and shall remain with
the home for possession by the purchaser.
(d) Rejection prohibited.--Building code officials cannot
reject a manufacturer's approved design.
(e) Certification of installer.--
(1) The installer shall certify to the department and
the building code official that the [new] manufactured home
has been installed in accordance with the manufacturer's
approved design and complies with all applicable standards,
including the Uniform Construction Code, for activities and
processes not covered by the Manufactured Home Construction
and Safety Standards.
(2) Paragraph The duty to certify to the department <--
under paragraph (1) shall not apply to a relocated
manufactured home.
(f) Governance.--All of the following activities are
governed under the Uniform Construction Code and may not be
governed by the manufacturer's approved design:
(1) Alterations or repairs to a manufactured home that
do not fall within the manufactured home construction and
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safety standards and the manufacturer's installation
instructions after assembly and shipment by the manufacturer.
(2) Additions to a manufactured home after delivery to
the site.
(3) Construction, alteration, repair or change of
occupancy if a manufactured home is resold to a subsequent
purchaser.
(4) Construction, alteration, repair or change of
occupancy if the original purchaser relocates the
manufactured home.
(5) Utility connections.
(6) Grading.
Section 3. This act shall take effect in 60 days.
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